Until relatively recently, a defendant that had successfully defended a maliciously advanced civil claim was prevented from bringing a claim for malicious prosecution against that claimant in respect of the damage caused.

Company directors must know their rights when confronted with allegations of fraud. In the first bulletin of this series, we set out a brief explanation of the types of "Without Notice Order" that can be obtained against an individual and their intended purpose. In the second bulletin we set out the basic Dos and Don'ts guide for anyone served with a Search Order or Freezing Order. In this bulletin we consider how and when it is best to respond to "Without Notice Orders".

Where a bank has been notified that a customer's account is the subject of a freezing order and yet allows money to be withdrawn from that account in breach of the order, the bank can be held liable in negligence to the party that has obtained the order

Over the last few months, we have noticed an increasingly sophisticated use of technology both in the perpetration of frauds and also in attempts to conceal evidence of the fraud from any subsequent investigation. Prime examples include insiders (usually employees) at major financial institutions diverting funds through misuse of those institutions' own systems after weaknesses had been identified by the fraudsters. We have also seen attempts to erase data which would provide evidence of fra